Cimco Refrigeration, Inc. v. Bartush-Schnitzius Foods Co. ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00401-CV
Cimco Refrigeration, Inc. § From the 16th District Court
§ of Denton County (2011-11002-16)
v.
§ November 25, 2015
Bartush-Schnitzius Foods Co. § Opinion by Justice Walker
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in the trial court’s judgment. It is ordered that the judgment of the
trial court is reversed and the case is remanded to the trial court for entry of a
judgment that appellee Bartush-Schnitzius Foods Co. take nothing from appellant
Cimco Refrigeration, Inc. and that Cimco Refrigeration, Inc. recover $113,400
from Bartush-Schnitzius Foods Co., and for assessment of costs and interest.
It is further ordered that appellee Bartush-Schnitzius Foods Co. shall pay
all of the costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Sue Walker____________________
Justice Sue Walker